Suraiya Bano vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

Suraiya Bano vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: the court concerned to send appropriate process within two months (from production of certified copy) to procure the presence of opposite party nos. 2 to 5, thereafter to strive for expeditious disposal notwithstanding heavy work load, with police, execution authorities, advocates, parties and staff bound to assist.

Issue for consideration

Whether the court concerned (Judicial Magistrate/F.T.C. (Women), Azamgarh) should be directed to decide the pending Criminal Case No. 270 of 2024 expeditiously within a stipulated period. +1 more

Court's answer

The Court concerned was directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process within two months from the date of production of certified copy of this order, and thereafter to make all endeavours for expeditious disposal of the case keeping in view the heavy work load in that Court.

Ratio / Principle

Since the accused persons had not appeared, the trial court was expected to invoke its power to ensure service of process upon the accused persons, sent under its seal and order, to procure their presence.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. were made bound by the order to assist the Court in every manner for expeditious disposal of the case.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS by Suraiya Bano, informant in Criminal Case No. 270 of 2024 (arising out of case crime no. 242 of 2023, under Sections 498A, 323, 427, 506 IPC and Section 3/4 D.P. Act, Police Station Ahiraula, District Azamgarh), pending before the Judicial Magistrate/F.T.C. (Women), Azamgarh, at the stage of appearance of the accused. Noting that the accused had not appeared, the Court directed the court concerned to send appropriate process within two months of production of the certified copy of the order to procure the presence of opposite party nos. 2 to 5, and thereafter to make all endeavours for expeditious disposal keeping in view the heavy work load; besides the Presiding Officer, all stake holders (police, execution authorities, advocates, parties, staff) were made bound by the order to assist the Court for expeditious disposal.

Neutral Citation No. - 2025:AHC:118088

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 2282 of 2025

Applicant :- Suraiya Bano Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sheo Prasad Yadav Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 270 of 2024 arising out of case crime no. 242 of 2023, under Sections 498A, 323, 427, 506 IPC and Section 3/4 D.P. Act, Police Station- Ahiraula, District- Azamgarh pending in the Court of Judicial Magistrate/ F.T.C. (Women) Azamgarh expeditiously within a stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the applicant is the informant in the aforesaid case. It is further submitted that the said case is pending at the stage of appearance of the accused persons and the Court concerned is not taking proper interest to ensure the appearance of the accused persons before it.

I have considered the submissions and perused the entire record.

The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.

In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process to them within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, keeping in view the heavy work load in the said Court.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of.

Order Date :- 21.7.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad